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Fulcrum Library

Whistleblower Systems

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Whistleblower Best Practices

SEC issues final rules on their whistleblower and reward program under Dodd-Frank

Employers should implement changes in their programs.

IRS Raises Stakes On Tax Whistleblower Claims

Congress and the IRS are realizing that big money can be collected by using informants. Litigants in partnership/shareholder disputes and in family law matters continue to ignore the risks when attempting to use restated financial information that is inconsistent with prior tax reporting. We describe the new law change and the IRS whistleblower program.

Nonprofit Organizations Now Need A Whistleblower Reporting Mechanism

Fraud Study Says Whistleblowers Are The Most Common Means Of Identifying Fraud, But This Comes At A High Personal Cost When Whistleblower Anonymity Is Not Maintained

A study released last week covered the largest 230 public company frauds between 1996 and 2004. Like every similar study before it, the report concludes that whistleblowers are the best and most common means of learning the truth. But, the study also shows the painful process that non-anonymous whistleblowers have endured.

Handling Whistleblowers is Tricky

There are hidden complexities in the implementation of a seemingly simple provision of the Sarbanes-Oxley Act ("SOX"). Because of this hidden complexity, many companies have done little to address its provisions.

Whistleblower Systems Best Practices

A whistleblower hotline is probably the easiest and least expensive means available to improve corporate governance. Waste, fraud, and the abuse of authority can all be combated by having an independent reporting mechanism that uses employees to report malfeasance.

Fraud Survey Highlights the Value of Whistleblower Systems

Wilmer Cutler & Pickering and PriceWaterhouseCoopers recently released a survey that analyzes economic crimes caused by internal corporate fraud.

Regulators are Talking with Your Client's Employees

Most legal advisors suggest that this process be at least initially handled by an independent party, Nevertheless, many companies faced with the high cost of other Sarbanes-Oxley compliance, avoid the relatively minor cost of using an outside party in this area.

Important Whistleblower Litigation

DOL’s ARB Limits SOX Whistleblower Protections To U.S. Employees

This case provides substantial protection to multi-national employers.

SOX whistleblower protections again interpreted narrowly

The Ninth Circuit took a narrow reading of the whistleblower protections provided under Sarbanes-Oxley, and thereby eliminated the whistleblower protection.

Ninth Circuit Reinstates More Lenient Standard For Whistleblower Protection

Because of the DOL's hostility to whistleblowers otherwise protected under Sarbanes-Oxley, the only real relief for employees has been through the district courts. Last week, the Ninth Circuit made its first ruling on the standard necessary for fired employees to claim protection under SOX’’s whistleblower provisions.

DOL Rewrites The Whistleblower Provisions Of The Sarbanes-Oxley Act

U.S. Supreme Court Makes Recovery By Whistleblower Plaintiffs More Difficult

Despite the government’s opposition to the limitation, the U.S. Supreme Court said successful whistleblowers in False Claims Act litigation should sometimes not share in the recovery. This additional risk will certainly reduce the cases brought by such plaintiffs.